判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment stated that on 1 July 2020 the defendant and another defendant, dressed entirely in black with their faces covered and holding long umbrellas, successively struck the CCTV cameras, LED screens and ceiling light tubes at Exit B of MTR Tin Hau Station with the umbrella tips. They then moved to the middle of King’s Road where they attempted to ignite cardboard boxes with a lighter but failed, and were spotted and followed by two plainclothes police officers. They then removed their outer garments and face coverings at Yin Mok Street, Rear Alley and Seven Seas Mall, changed into green clothing, and were subdued and arrested at Exit A of Fortress Hill MTR Station.
According to section 65C of the Criminal Procedure Ordinance and the principles in R v Galbraith and R v Turnbull, the prosecution must prove identification and the facts of conduct beyond reasonable doubt, taking into account the defendant’s lack of prior convictions, the reliability of witnesses, and the nature of the acts.
The testimonies of the two professional police witnesses were consistent and the environment and visibility were unobstructed, making the identification reasonable; the defendant used distinctive attire and tools to carry out damage and attempted arson, and the evidence sufficiently demonstrated his subjective intent, with no lawful justification.
The court found the prosecution’s witnesses honest and credible, that the defendant’s methods were malicious and posed a high risk to society, and therefore convicted him on all charges.
The defendant was found to have committed two counts of attempted criminal damage, criminal damage and attempted arson, totalling four offences, and the court convicted him on the aforementioned charges. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment noted that the incident occurred on 1 July 2020. Two defendants, dressed in black clothing and face masks and carrying grey umbrellas, appeared at Tin Hau MTR station. They used the umbrella handles to repeatedly strike the CCTV cameras outside the station, as well as the ceiling light tubes and display screens inside the station, causing repair damage amounting to approximately HK$6,240. They then attempted, but failed, to set fire to a cardboard box on the central section of King’s Road using a lighter. Ultimately, they removed their disguises, changed into green clothing, and fled to Fortress Hill, where they were arrested. The two defendants were charged with seven offences in total, including attempted criminal damage, criminal damage and attempted arson; upon trial, one defendant was convicted.
The court emphasised that due to the significant damage to public transport facilities and the use of violence in densely crowded locations, a punitive and deterrent custodial sentence is necessary. It also considered the defendant’s age, background, prior convictions and the public interest when deciding the most appropriate option among imprisonment, a labour training centre or a reformatory centre.
The defendant had premeditated and organised the destruction of public facilities on a “special day”, thereby endangering public safety and causing repair costs; the attempt at arson posed an even greater risk; being young, a first-time offender with a complex background, he requires long-term disciplinary training and vocational counselling to correct deviant values.
The reformatory centre not only provides short-term disciplinary measures but also serves the purposes of rehabilitation and reintegration, offering comprehensive vocational training, moral guidance and post-release supervision, which best assist the defendant in reforming and reintegrating into society at the earliest opportunity.
After considering the case details, relevant reports and the defendant’s personal circumstances, the court ordered the defendant to be detained in a reformatory centre. The period of detention and subsequent supervision will be determined by the Commissioner of Correctional Services based on the defendant’s conduct and progress in reform. (Translated from Chinese to English by AI)
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